Item 8.01. Other Events.
As previously reported, on March 31, 2022, the Company entered into an At Market
Issuance Sales Agreement (the "Agreement") with Ladenburg Thalmann & Co. Inc.
("Ladenburg"). Under the Agreement, the Company may offer and sell its common
stock, par value $0.001 per share, from time to time having an aggregate
offering price of up to $25,000,000 (the "Shares") during the term of the
Agreement through Ladenburg. The Company previously filed a prospectus
supplement relating to the offer and sale of the Shares pursuant to the
Agreement covering sales of up to $7,000,000 of Shares.
On August 12, 2022, the Company filed a new prospectus supplement (the
"Prospectus Supplement") relating to the offer and sale of the Shares pursuant
to the Agreement covering sales of up to an additional $2,700,000 of Shares. The
Shares will be issued pursuant to the Company's previously filed and effective
Registration Statement on Form S-3 (File No. 333-256611), which was initially
filed with the Securities and Exchange Commission on May 28, 2021, and declared
effective on June 7, 2021. The Company intends to use the net proceeds from the
offering, if any, for general corporate purposes, including funding existing and
potential new clinical programs.
The opinion of the Company's counsel regarding the validity of the Shares that
may be issued pursuant to the Prospectus Supplement is filed herewith as Exhibit
5.1.
This Current Report on Form 8-K shall not constitute an offer to sell or the
solicitation of an offer to buy Shares, nor shall there be any sale of the
Shares in any state or jurisdiction in which such offer, solicitation or sale
would be unlawful prior to registration or qualification under the securities
laws of any such state or jurisdiction.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
Exhibit Description
5.1 Opinion Of Wilson Sonsini Goodrich & Rosati, PC.
104 The cover page of this Current Report on Form 8-K, formatted in inline XBRL
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